Medical Negligence Compensation

If you have been harmed due to the carelessness, mistakes, or negligence of a healthcare professional, you may be entitled to medical negligence compensation. At Kare Lawyers, we understand that experiencing medical negligence can be a devastating and life-changing event. Whether it’s a misdiagnosis, surgical error, or medication mistake, our experienced personal injury lawyers are here to help you navigate the legal process and fight for the compensation you deserve.

Medical professionals are expected to provide a high standard of care. When that standard is not met, and you suffer harm as a result, you may be entitled to seek compensation for your injuries. Our team of expert personal injury lawyers in Queensland has extensive experience in handling medical negligence cases and is committed to supporting you through every step of the claims process.

Strict time limits apply to all personal injury claims in Queensland. Generally, a Notice of Claim must be given within 9 months of the injury surfacing, or 1 month after a lawyer is first consulted. The overall limitation period for commencing court proceedings is usually 3 years from the date of the injury.

What is Medical Negligence?

Medical negligence occurs when a healthcare professional’s treatment falls below the accepted standard of care, resulting in harm to the patient. This may include:

• Diagnostic Matters: Issues related to misdiagnosis or a delay in diagnosing a condition.
• Surgical and Procedural: Circumstances involving surgical errors or complications from procedures.
• Medication Management: Errors in the prescription or administration of medication.
• Informed Consent: Situations where a patient was not adequately informed of the risks associated with a treatment.

The Legal Process in Queensland

Medical negligence matters involve specific procedural requirements. Our practitioners assist in navigating these steps:

1. Initial Assessment: Reviewing the facts to identify if the statutory requirements for a claim are met.
2. Evidence Gathering: Obtaining relevant medical records and history.
3. Expert Opinion: In Queensland, a medical negligence claim generally requires a report from a qualified independent medical expert to establish that the standard of care was not met.
4. Notice of Claim: Lodging the required statutory forms (Version 7) with the relevant healthcare provider or insurer.
5. Pre-Court Procedures: Participating in the mandatory mediation and settlement conferences required by PIPA.

Our practitioners provide factual legal guidance throughout the claims process. We offer:

• Legal Advice on Statutory Rights: Helping you understand the operation of the law of negligence in Queensland.

• Speculative Fee Arrangements: We offer “no win, no fee” arrangements in accordance with the Legal Profession Act 2007 (Qld).

• Management of Procedural Steps: Handling the mandatory conferences and mediation required before a matter can proceed to litigation.